Visitation Information from Japanese Government Reports to the UN Committee on the Rights of the Child

From Japan's Second Report to the United Nations Committee on the Rights of the Child.  (cached copy) in 2001

3.  Ensuring the right of a child who is separated from either or both of his/her parents to maintain personal relations and direct contact with them on a regular basis

228.     In cases where the father and the mother of a minor are divorced, the question of whether or not to grant visiting rights to the parent who does not have custody, and its modalities, are determined in accordance with article 766, paragraph 1, of the Civil Code. Matters related to the custody of a child are determined by consultations between the parents. When parents cannot consult or fail to reach an agreement through such a consultation, these matters are determined by a family court (para. 1). The family court may change the determined agreement and order other arrangements (para. 2). It is understood that these provisions are applied in the interest of the child (para. 2).

229.     Meetings and correspondence between a juvenile detained in a correctional institution and his/her family members are described in paragraph 128 of the initial report. Furthermore, in a juvenile classification home, a juvenile is permitted to meet his/her family members unless it is in violation of the discipline of the home (Juvenile Classification Home Treatment Regulations, arts. 38 and 40). Home staff are present at the meeting to watch if this does not harm detention and classification (art. 39, para. 1), but the juvenile may also meet without anybody present if it is deemed necessary (art. 39, para. 2).